Rent Board Hearings On Elderly Or Disabled Status Of Tenants In Owner Move-In Evictions
In DeLaura v. Beckett (2006) Cal. App. 4th (No. A109948, First District), the Court of Appeal held that a Rent Board petition was a more appropriate procedure than a declaratory relief action in court for a landlord to challenge a tenant's claim of protected status based on age or disability to an owner move-in eviction under Rent Ordinance Section 37.9(i). A landlord may request such a determination with the Rent Board by completing Form I of the landlord petition for Operating and Maintenance Expenses and checking the "other" box with a request to determine the tenant's claim of protected status. Alternatively, the landlord may ask the court to decide the tenant's claim in the unlawful detainer eviction proceeding.